DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1563)

ADFINIS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Adfinis Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Adfinis Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Adfinis Pty Ltd and CFMEU Union Collective Agreement 2015-2019. Adfinis Pty Ltd is an Australian company involved in the provision of labour hire services, and the CFMEU is a trade union representing workers in the construction, forestry, mining, and energy industries. The dispute centred on whether the collective agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the collective agreement was in the best interests of the employees and adhered to the statutory provisions outlined in the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for a fair and equitable balance between the rights and obligations of both the employer and employees, and whether it aligned with the broader objectives of the Act, including promoting harmonious, productive, and cooperative workplace relations.

In examining the application, the Fair Work Commission considered the terms of the agreement, the bargaining positions of the parties, and the potential impact on the employees. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable, considering the context of the labour hire industry. The Commission concluded that the collective agreement did not unfairly disadvantage the employees and was in their best interests. Consequently, the Commission approved the collective agreement, finding that it met the statutory requirements and was likely to promote harmonious and productive workplace relations.

The Fair Work Commission approved the Adfinis Pty Ltd and CFMEU Union Collective Agreement 2015-2019, subject to the conditions set out in the decision. The decision highlighted the importance of ensuring that collective agreements are negotiated in good faith and are fair and reasonable, taking into account the specific circumstances of the industry and the interests of the employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established